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          (323) 461-PHIL (7445)

          When Georgia Smiled

          The Robin McGraw Revelation and Dr. Phil Foundation

          Terms of Use

          DR. PHIL TERMS OF USE

           

          EFFECTIVE DATE April 15, 2018

           

          These Terms of Use, along with our Privacy Policy and Video Services Policy (collectively “Terms”) govern your use of drphil.com and any other websites, applications, and other products and services offered by Peteski Productions, Inc. or its affiliates (“Company,” “us,” or “we”) that include an authorized link to these Terms (collectively, the “Web Site”).

          Please review these Terms carefully before using the Web Site because they affect your rights. By using the Web Site, you accept these Terms and agree to be legally bound by them.

           

          1. Changes

          These Terms are effective as of the Effective Date above. If you have not reviewed the Terms since the Effective Date, please review these updated Terms carefully before using the Web Site.

           

          We may change these Terms in the future, so we encourage you to review periodically the Terms. If you do not agree with any changes to these Terms, your sole remedy is not to use the Web Site. If you continue to use the Web Site after we change these Terms, you accept all changes.

           

          1. Privacy Policy; Additional Terms

          Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Web Site, and you consent to our use of data in compliance with the Privacy Policy.

           

          Additional terms may apply to your use of certain services or features available through the Web Site. We will provide these terms to you or post them on the Web Site, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular service or feature, the additional terms will control with respect to that particular service or feature.

           

          Sweepstakes, contests, and promotions on the Web Site may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. If you elect to participate in such a sweepstakes, contest, or other promotion, you are responsible for complying with those rules and requirements.

           

          1. Registration and Access Controls

          If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted portion of the Web Site unless you are above the required age. The Web Site is not intended for persons under the age of thirteen.

           

          You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account by other members of your household. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.

           

          1. Intellectual Property; License

          The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Web Site (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Company, Company will retain all right, title, and interest in and to the Web Site and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Web Site and Content.

           

          You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Web Site or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Web Site or Content; license or sublicense any part of the Web Site or Content; or in any way exploit any part of the Web Site or Content. In addition, except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

           

          Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Company video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

           

          • a. Viral Distribution

           

          We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups (defined below)). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. You are expressly prohibited from using language such as “as seen on” or any other language that implies an endorsement by Company, the Dr. Phil show, talent appearing therein when redistributing Content. When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.

           

            • b. Commercial Licenses

          You must obtain our written permission for commercial use of the Content or the Web Site. If you wish to license Content from the Web Site, please contact us. If you wish to license footage from the Dr. Phil show, please send an email to ctdcliplicensinggroup@cbs.com.

           

          1. Copyright & Other Legal Complaints

          If you believe that Content on the Web Site violates your copyright, please send us a notice of the claimed violation using the following contact information:

          Peteski Productions, Inc.
          Attn: Copyright Agent
          2450 Colorado Avenue, Suite #500E,
          Santa Monica, CA 90404-3443
          Telephone: 310-264-3322
          Fax: 310-264-3461
          Email: drphil-legal@drphil.com

          Your notice must include:

          • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
          • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
          • identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
          • a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
          • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

           

          Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

          If you believe that any content on the Web Site violates your rights other than copyrights, please contact our Copyright Agent using the contact information above. Your communication must:

          • identify the material that is claimed to violate your rights or to be the subject of activity that violates your rights and information reasonably sufficient to permit us to locate the material;
          • explain what rights you have and why you believe the material violates your rights; and
          • provide accurate information that we can use to contact you.

          1. User Content

          The Web Site may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Content”) to or through the Web Site. When you provide User Content, you grant to Company and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit that User Content, and any names, voices, likenesses and other identifying information of persons that is part of that User Content, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products and for inclusion on the Dr. Phil show, on a CD or DVD, or in any other electronic or non-electronic media or format currently existing or later developed. You hereby waive any moral rights you may have in your User Content.

           

          If you owned User Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete User Content from the Web Site:

            • The User Content may still exist in our backup copies, which are not publicly available.
            • If your User Content was shared with third parties, those third parties may have retained copies of your User Content, and neither we nor our affiliates have any responsibility for any uses of your User Content that they might make.
            • We retain the license specified above.

          We may refuse or remove User Content without notice to you. However, we have no obligation to monitor User Content, and you agree that neither we nor our affiliates will be liable for User Content or any loss or damage resulting from User Content.

          We do not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from others.

          You bear all responsibility for your User Content. You represent and warrant that you have all rights necessary to grant to Company the license above and that your User Content does not violate Section 10.

           

          1. Third-Party Content

          We may provide third-party content (including advertisements) or link to third-party websites on the Web Site. We do not necessarily endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to interact with certain third party social media sites (“Social Media Sites“) through the Web Site, including, without limitation, Facebook and Twitter. Please see our Privacy Policy and Video Services Policy for additional information regarding your interaction with Social Media Sites through the Web Site.

           

          1. No Medical or Personal Advice

          This Web Site and its Content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional medical, financial, legal, or other advice. The Company Parties (defined below) make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

           

          1. Mobile Features

          The Web Site may offer features and services that are available to you via your mobile phone or other mobile device, including the ability to receive messages from the Web Site (collectively, the “Mobile Features”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.

          You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.

           

          1. Acceptable Use

          Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following

          • Access the Web Site using any interface other than ours;
          • Maintain any link to the Web Site that we ask you to remove, in our sole discretion;
          • Frame the Web Site or Content, make the Web Site or Content available via in-line links, otherwise display the Web Site or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Company or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
          • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
          • Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
          • Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
          • Transmit files that contain viruses, spyware, adware, or other harmful code;
          • Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
          • Remove, modify, disable, block or otherwise impair any advertising in connection with the Web Site;
          • Interfere with others using the Web Site or otherwise disrupt the Web Site;
          • Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Web Site;
          • Transmit, collect, or access personally identifiable information about other persons without the consent of those persons and Company;
          • Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Web Site;
          • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
          • Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Web Site or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
          • Access any portion of the Web Site that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

          If you violate these Terms, including, without limitation, this Section 10, Company may terminate your access to the Web Site without notice, and take any other actions or seek any remedies permitted by law.

           

          1. Access to Web Site and Accounts

          We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

            • Change or discontinue the Web Site;
            • Change how we offer and operate the Web Site (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
            • Remove Content from the Web Site;
            • Restrict, suspend or terminate your access to the Web Site or any feature thereof; and
            • Deactivate your account(s) and delete all related information and files in your account(s).

          We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If Company terminates your access, you must immediately stop using the Website.

           

          1. Unsolicited Submissions.

          Company does not accept unsolicited submissions, including scripts, story lines, articles, drawings, suggestions, ideas or concepts. It is Company’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in the Dr. Phil show or any other creative work produced by Company or any talent from the Dr. Phil show would be purely coincidental.

           

          1. Indemnification

          To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Company and its affiliates, CBS Interactive and its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Company Parties”) with respect to all third-party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Web Site (including, without limitation use of your account, and claims arising from User Content). Company and CBS Interactive retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 13 without Company’s or CBS Interactive’s (as applicable) prior written approval.

           

          1. Disclaimers; Limitation of Liability

          TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DO NOT WARRANT: (1) THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE WEB SITE OR THE SERVERS HOSTING IT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE WEB SITE OR INFORMATION AVAILABLE THROUGH THE WEB SITE WILL CONTINUE TO BE AVAILABLE. THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE WEB SITE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

          YOUR ACCESS TO AND USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE.

           

          THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

           

          TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER CONTENT, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED FIFTY U.S. DOLLARS ($50 US).

           

          YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE WEB SITE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.

           

          BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY. SECTION 1542 PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

           

          1. Governing Law, Venue, and Jurisdiction

          These Terms and all claims between you and us or you and CBS Interactive arising from or related to your use of the Web Site will be governed by and construed in accordance with the laws of the State of California, except California’s conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

          With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in Los Angeles, California. Notwithstanding any other provision of these Terms, (a) we or CBS Interactive may seek injunctive or other equitable relief from any court of competent jurisdiction and (b) nothing herein will restrain a California resident’s right, if any, to seek public injunctive relief as permitted by law and subject to the venue requirements set forth above.

          Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Web Site or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

           

          1. Disputes; Arbitration

          If you have any dispute with or claim against us or any of our affiliates or CBS Interactive or any of their affiliates, or if we/CBS Interactive have a dispute with or claim against you, in either case arising out of or relating to the Web Site or these Terms (a “Claim”), and you and we are not able to resolve such Claim through informal discussion as described below, you, we and CBS Interactive (as applicable) each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in Los Angeles, California. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You, we and CBS Interactive (as applicable) agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you, we and CBS Interactive (as applicable) are each waiving the right to a trial by jury or to participate in a class action. This Section 16 shall survive termination of these Terms.

          Before you, we or CBS Interactive commence an arbitration or file a small claims court action with respect to a Claim, you must first send to Company/CBS Interactive a written notice of your claim or we/CBS Interactive must send a written notice of our claim to you (“Notice“). Your Notice must (1) be sent by certified mail; (2) be addressed to: Peteski Productions, Inc., Attn: Legal, 2450 Colorado Avenue, Suite # 500E, Santa Monica, CA 90404-3443, or if to CBS Interactive to CBS Interactive Inc., Attn: Legal, 235 2nd St, San Francisco, CA 94105; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we, CBS Interactive and you (as applicable) do not then resolve the Claim within 30 days after our receipt of Notice is received, either you, CBS Interactive or we (as applicable) may commence an arbitration or file a small claims court action to resolve the Claim.

           

          Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”) (provided that, if the American Arbitration Association declines to hear such arbitration for any reason, the arbitration will be administered by another mutually agreeable arbitration service pursuant to its own applicable rules). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org. In circumstances in which the Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in Los Angeles, California. For any non-frivolous Claim that does not exceed $50,000, Company or CBS Interactive (as applicable) will pay all costs of the arbitration, and reimburse any filing fees you may be required to pay. If the arbitrator awards you damages that are greater than Company’s or CBS Interactive’s (as applicable) last written settlement offer communicated before commencement of the arbitration, Company or CBS Interactive (as applicable) will pay you the greater of $1,000 or the amount of the award.

           

          1. Miscellaneous

          We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on the Web Site or (if applicable) delivering them to you via email. If you have previously provided an email address, you may be able to update your email address as described in our Privacy Policy. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our or CBS Interactive’s failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Web Site, constitute the entire agreement between you and us and you and CBS Interactive and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

          You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Web Site, or as otherwise described in the Privacy Policy

           

          If you do not agree to these Terms, you should immediately stop using the Web Site. Any User Content you submitted while using the Web Site will continue to be governed by Section 6 of these Terms.

          Sections 6 and 10-17 of these Terms will survive any termination of your access to the Web Site, whether we terminate your access or you voluntarily discontinue your use.

           

           

           

          IMPORTANT! PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING WWW.DRPHIL.COM, AS THEY AFFECT AND GOVERN YOUR LEGAL RIGHTS AND OBLIGATIONS. PETESKI PRODUCTIONS, INC. ("COMPANY" OR "WE," "OUR," OR "US") OWNS OR CONTROLS DRPHIL.COM (HOWEVER ACCESSED AND/OR USED, WHETHER VIA PERSONAL COMPUTERS, MOBILE DEVICES, OR OTHERWISE) AND OTHER INTERACTIVE FEATURES THAT ARE ACCESSIBLE OR DOWNLOADABLE THROUGH DRPHIL.COM AND THAT POST A LINK TO THESE TERMS (THE "WEB SITE"). THESE TERMS GOVERN YOUR USE OF THE WEB SITE.

          You agree to these Terms by accessing or using this Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site.

          In some instances, both these Terms and a separate guidelines document or end user license agreement setting forth additional conditions may apply to a service or feature offered through this Web Site ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized Company web-based services, are subject to these Terms. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).

          IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data.



          TABLE OF CONTENTS

          Ownership of Contents/License
          Software
          Copyrights and Copyright Agent
          Changes to Site/Terms
          User Accounts
          User Forums
          Restrictions on Use
          Disclaimers/Limitations on Liability
          No Personal Advice
          Indemnification
          Third Parties/No Endorsement
          Linking to the Web Site
          Promotions
          Location
          Termination
          Additional Terms
          Contact Us
          Effective Date


          OWNERSHIP OF CONTENTS/LICENSE

          The Web Site is owned and operated by Peteski Productions, Inc. ("Company," "us" or "we").

          This Web Site and all of its past, current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the "look and feel" of the Web Site, and any other form of intellectual property (collectively, the "Content") is owned by or licensed to Company or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site.

          Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use and/or play a single copy of the Content (excluding object and source code). You must retain all copyright, trademark and other proprietary notices contained in the original Content or any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to copy or adapt any code that comprises the Web Site's software, HTML, JavaScript or other script, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Web Site or any software or other products or processes accessible through the Web site, nor insert any code or product to manipulate the Content in any way that affects any user's experience. Unless otherwise expressly authorized in these Terms, the Additional Terms or on the Web Site, you further agree that you will not, in whole or in part, modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.

          SOFTWARE

          Any software that we make available for download or use from the Web Sites and/or our servers (the "Software") is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE.

          COPYRIGHTS AND COPYRIGHT AGENT

          If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

          Company's copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached as follows:

          By mail:
          Attn: Cynthia Teele, Copyright Agent
          Peteski Productions, Inc.
          2450 Colorado Avenue, #500 E
          Santa Monica, CA 90404-3443
          (p) 310-264-3322
          (f) 310-264-3561
          By email: drphil-legal@drphil.com

          We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

          CHANGES TO SITE/TERMS

          Company may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site.

          USER ACCOUNTS

          Certain areas of the Web Site may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, sweepstakes, etc.). The Web Site's practices governing your personal information are disclosed in its Privacy Policy. If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer cell phone or other internet access device, as applicable, so that others may not access any password protected portion of the Web Site using your name, user name or password in whole or in part.

          INFORMATION YOU SUBMIT

          Forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas on the Web Site ("User Forums") are provided to give users a forum to express their opinions and share their ideas and information. Users may be able to upload or otherwise submit information, data, software, messages, suggestions, photographs, audio, video, text, and other materials to the Web Site through User Forums and other Web Site features ("Your Upload Information"). Company and Affiliates (defined below) do not endorse the content, including, without limitation, any of Your Upload Information, posted in User Forums or otherwise on the Web Site. Company reserves the right, but is not obligated, to reject, delete, move or edit Your Upload Information in whole or in part, for any reason in Company's sole discretion Company reserves the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your Upload Information infringes another's copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.

          Your Upload Information is your sole responsibility. This means that you, and not Company, are entirely responsible for all Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Web Site. If you post personal information in User Forums or on other publicly available areas of the Web Site then you may receive unsolicited communications or messages from third parties. Company cannot ensure the security of any information you post on the Web Site. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent that Your Upload Information is an original work by you or you have all necessary rights in it to submit it to Company under the terms of these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these Terms or any Additional Terms.

          Except as otherwise expressly described in the our Privacy Policy, any applicable Additional Terms or on the Web Site, Your Upload Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload your Upload Information via the Web Site, you automatically and irrevocably grant to Company, its Affiliates, and partners a non-exclusive, worldwide, royalty-free license to your Upload Information containing all right, title and interest in Your Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Upload Information. You further agree that Company, its Affiliates, and the directors, officers, employees, and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness, and other identifying information in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using Your Upload Information. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company and its Affiliates are not obligated to use Your Upload Information, submitted through the Web Site or otherwise, and may alternatively choose to discard, limit or block access to Your Upload Information without any liability whatsoever.

          You acknowledge that the Web Site, through Company and its Affiliates undertake no obligation to pre-screen Your Upload Information, but that it has the unfettered right (but not the obligation), in its sole discretion, to modify, edit, transmit over various networks, refuse, move, block access to, or remove any of Your Upload Information. Company might or might not post Your Upload Information, and it is not required to do so. Also, Company may discard or destroy Your Upload Information at any time it chooses, without any notice or liability to you. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. You understand that you may bear legal responsibility for others' exposure to any offensive, indecent, or objectionable content in your Upload Information.

          Please note that, generally, Your Upload Information will be accessible by other users of the Web Site. Please be sure that any of Your Upload Information that you post on any publicly accessible portion of the Web Site (including any online diary entry or entries that you choose to share with others, either via the Web Site or by e-mailing the entry or entries to your friends or families) is information that you are comfortable sharing with others.

           

          RESTRICTIONS ON USE

          As used in the Terms, "Affiliates" means Company's parent company(ies), CBS Studios Inc. and its and their related companies, subsidiaries, licensors, divisions, affiliates, directors, officers, partners, agents and assigns.

          You represent, warrant and agree not to do any of the following while using the Web Site:

          1. harass, stalk, sexually exploit, violently exploit, act violently toward or otherwise abuse another user;
          2. upload, post, e-mail, transmit, display, distribute, promote or otherwise make available (collectively, "Transmit") any material: (i) that is profane, false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates); (ii) contains any negative comments that pertain to an individual's race or national origin, gender, sexual preference, religion or physical handicap; (iii) that adversely affects Company or Affiliates business such as discouraging any person or entity from advertising with, linking to or supplying Company or Affiliates; (iv) is vulgar, indecent, sexual, obscene or pornographic; (v) that promotes violence, racial hatred, terrorism or illegal acts; (vi) contains the personal information of a third party; or (vii) is otherwise objectionable (as determined by Company in its sole discretion);
          3. Transmit any content, information, or software that is unlawful, plagiarizes, or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), or any other intellectual property, proprietary right or any other rights of any third party;
          4. Transmit material of any kind that contains viruses, Trojan horses, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site;
          5. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging or manipulating any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
          6. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation or offer for sale of any products or services, except in areas specifically designated for such purposes;
          7. encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation or otherwise make available any material that exploits or harms any individual, corporation or other entity;
          8. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or
          9. solicit or collect personal data including, without limitation, telephone numbers, addresses, last names or email addresses, about other users.

          You are solely responsible for your interaction with other users of this Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

          DISCLAIMERS/LIMITATIONS ON LIABILITY

          THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

          COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES.
          INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

          COMPANY OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT

          YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:

          NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

          UNDER NO CIRCUMSTANCES SHALL COMPANY AND THE AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THIS WEB SITE AND ITS CONTENT, SOFTWARE OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMATTION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELEVOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY ENTITIES AND INDIVDUALS BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).

          YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.

          YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

          BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

          NO PERSONAL ADVICE

          This Web Site, its Content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. In addition to the "Disclaimer/Limitation on Liability" paragraph above, the Company Entities and Individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

          INDEMNIFICATION

          You agree to indemnify, defend and hold harmless the Company Entities and Individuals from and against any actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your use of the Web Site; (2) your violation of these Terms or any law, rule or regulation; (3) your use of the Content; or (4) or Your Upload Information. You will cooperate as fully and reasonably as required by Company or the Affiliates in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.

          THIRD PARTIES/NO ENDORSEMENT

          Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third party. Also, third party advertisers may offer goods, services and other materials to you on the Web Site. You should be aware that Content provided by third parties might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.

          This Web Site may also provide hyperlinks to third-party web sites ("Third Party Sites"). Third parties and Third Party Sites may have different privacy policies, terms and conditions and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on any Third Party Sites.

          Your correspondence and business dealings with others found on or through the Web Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party. Further, under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

          YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Affiliates. Users are requested to inform Company of any errors or inappropriate material found on Third Party Sites to which this Web Site is or may be linked.

          LINKING TO THE WEB SITE

          If you link to this Web Site you may link only to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by Company. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or any other Company intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Company or its Affiliates. You may not "frame" or create a border around this Web Site or alter its intellectual property or Content in any way. You may not link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Company's sole discretion). Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or these Terms.

          PROMOTIONS

          This Web Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.

          LOCATION

          Company operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site where the content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Web Site must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, State of California for any cause of action arising under these Terms or related to the Web Site.

          TERMINATION

          You understand and agree that Company will determine your compliance with these Terms or Any Additional Terms in its sole discretion. Company reserves the right to deny access to all or part of the Web Site to any person in its sole discretion. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.

          MISCELLANEOUS

          You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site, the Content, the Software and Your Upload Information, including, without limitation, those governing your transmission or use of any software or data. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the Web Sites, the Content, the Software and Your Upload Information and supersede any and all other prior written or oral agreements between them. You agree that these Terms or any Additional Terms will not be construed against Company by virtue of having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

          CONTACT US

          If you have any questions, comments or concerns about our Web Site or these Terms of Use, you may contact our Legal Department

          EFFECTIVE DATE

          These Terms were last updated on June 12, 2008.

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